MORARJI HARIRAM Vs. RAMNIK DAIRY FARM

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken for final hearing and disposal.

(2.) The Petitioners have filed this Petition challenging order dtd. 13/12/2023 passed by the Appellate Bench of the Small Causes Court by which Revision Application No. 82 of 2021 filed by original Defendant No.1 has been allowed and the application for amendment of written statement at Exhibit 80 is allowed by imposition of costs of Rs.5,000.00. The Appellate Bench has set aside order dtd. 9/3/2021 passed by the learned Single Judge of the Small Causes Court, which had rejected the application for amendment at Exhibit-80.

(3.) The Plaintiff has instituted R.A.E. and R. Suit No.789/1251 of 2003 seeking recovery of possession of the suit property inter alia on the ground of arrears of rent. The Defendant has contested the Suit by filing his written statement. It appears that the plaint has been amended on three occasions resulting in filing of additional written statements by Defendant No.1. It appears that Plaintiff No.1 passed away during the process of according of his deposition in the year 2015 and his legal representatives are now in the process of leading evidence in support of their claim. At this stage when legal representatives of the original Plaintiff were in the process of leading their evidence that the Defendant No.1 sought to confront Plaintiff's witness with letter dtd. 13/10/2002 and upon the Trial Court not permitting such confrontation on account of absence of pleadings about the said letter, Defendant No.1 was advised to file application at Exhibit-80 for amendment of written statement to bring on record pleadings about said letter dtd. 13/10/2002. The Trial Court rejected the application at Exhibit-80. The Appellate Bench has set aside the order of the Trial Court and has allowed the application for amendment of the written statement at Exhibit-80 by its order dtd. 13/12/2023, which is subject matter of challenge in the present Petition.